How long does a custody order last? PA

[joy264]

I have a 16 yr old nephew. His parents were never married, but his mother had been given custody of him when he was 4 or 5. Since then, he lived with me for 5 years, both parents had drug problems, and then went to live with his father in SC for 6 years. His mother has been in and out of prison. She thinks that when she is released, she can jsut go get him, and this would be legal, since she had been awarded custody years before. As strange as it sounds, it might be good if his mother could get him, as it turns out his father is at least verbally abusive. But I wonder if her custody agreement is still valid given all the changes in circumstances. When I had him, I no legal custody, and his father never went to court when he took him to SC.
If Child Protective Services became involved, would I be able to take the child back, or would he end up in a foster care situation? Would the child's wishes be taken into consideration if this confused mess went to court?

 

[Illinois Parent]

A Custody decree is a standing order, which means it is changed by legal action only. Unless or until there is a modification or change in the order, it is valid until the child is an adult. Unless of course there is specific language that states otherwise.

At 16, the courts will almost assuredly take into very strong consideration the child's wishes. If it doesn't turn out the way you/he wants, perhaps having him declared an Emancipated Minor may work.

Finally, getting CPS involved is risky at best. Risky, because if they find cause to become involved, it is nearly impossible to get them uninvolved. And just because you are a family member, willing and proven capable does not mean they will place him with you. Then again, he is 16 and would be pretty hard to place elsewhere. It's a crap shoot, and one I would consider only if the child's life or safety were in immediate danger.